James always had the time to speak to me about everything and was very positive and friendly. James arranged for these charges to be dismissed.I founded and build an Assisted Living Company whose Portfolio Value exceeds $40M, with over 500 employees. Ask to talk to a lawyer 4. He took all the stress away I had about my case and court by being very to the point and easy to get ahold of. | NC DWI Lawyers and NC DWI Center – All Rights Reserved | Website: www.minicklaw.com, Asheville (828) 333-5024 | Charlotte (704) 215-4242 | Concord (704) 893-8053 | Durham (919) 237-9520 | Gastonia (704) 312-1515| Greensboro (336) 383-1537 | Hendersonville (828) 237-4222 | Hickory (828) 237-4242 | Jacksonville (910) 300-9994 | Pittsboro (919) 237-9518 | Raleigh (919) 229-8108 | Smithfield (919) 229-8326 | Waynesville (828) 333-5035 | Wilmington (910) 300-9995. I was from Charlotte and I recommend James for any case, and I will definitely use him again in any circumstances. Found inside – Page 192Do you consider yourself to be a strong supporter of the death penalty for ... where police officers used force to arrest or otherwise detain someone? And in the end all charges were dropped. 1. dealing with the federal court system. Ask why you're being detained or arrested 2. Always received quick responses to all my inquiries. Absolutely recommend their legal services! Attorney Minick is a great lawyer who advocates for his clients rights, and fights for them in court. If you choose to stay, the detention is automatically legal. And in the end all charges were dropped. After 36 hours any further detention can only be authorized by the courts. The police are authorized to detain you for up to 24 hours. At the same time, you generally aren't required to answer a police officer's questions or allow an officer to search your person or your belongings. James arranged for these charges to be dismissed. If you need good people on your side, definitely give Minick a call. What are my rights if I'm detained or arrested? For example, if you've been stopped for speeding, police can technically only detain you long enough to check your paperwork and write you a speeding ticket. This doesn’t meant that the police can only detain you for the length of the interview. The process was quick and easy and gave me a tremendous sense of relief. Description of the General Questions category. I spoke with Mr. James K. Minick with regards to helping me get my driver's license reinstated. The answer is as long as it reasonably takes police to conduct the investigation. If you are not comfortable doing that, you can always ask the police officer if you are free to go. By Faye Dutson, executive fee earner in the criminal litigation team. According to the U.S. Supreme Court, this reasonable amount of time is approximately 20 minutes. Registered in England and Wales. Sometimes, there are police officers who do not follow the law. They have to release you once you've sobered up, and can't hold you for more than 12 hours. Attorney Minick walked me step-by-step through the process of getting my case handled pomptly (before my scheduled court date even) as well as getting the record expunged. That depends. © Stephensons Solicitors LLP is a limited liability partnership. Mr. Minick strives to offer an exceptional client experience. Get a detailed action plan, aiming towards the best possible outcome on your case. Thank you!!! Most attorneys would have their hand out wanting money and giving false hope. His staff was always friendly and very quick. Copies are supplied by TSO's on-demand publishing service Mr. Minick was very kind and professional. Stephanie answered the phone and gave me all the information I needed in detail, which made it all the more easier to choose this firm. Definitely worth the money for peace of mind. This might involve them viewing CCTV from where the fight took place or taking statements from those who saw it happen. He succeeds by offering a thorough understanding of the law, compassion, and a team that communicates and cares for the client. Police complaints. Once the interview has taken place, although the “questioning” has finished, the suspects are not released immediately. Questions that police can ask Minick Law provided outstanding service! They made the court process very smooth. You don't ever have to answer those questions. See being arrested. In the course of performing their public duty, police officers in the United States interact with criminals, as well as law-abiding members of the public alike. be brought before a court or tribunal as soon as possible. The name on my case is actually Raymond Thompson, Floyd Tune Same Person! If you are detained in police custody for questioning about a serious offense, such as murder or, robbery, without any charged offense, the police can hold you for up to 8 hours, but can only question you for up to 4 hours or it would be deemed excessive interrogations. Ordinarily, the maximum that a suspect can be held without charge is 24 hours. Our Corporate Legal Representation includes attorneys who bill $500+ an hour. During a detainment, if you admit that you have committed a crime or the officer finds evidence that justifies an arrest, you can be officially arrested. This book provides a comprehensive guide to The Police & Criminal Evidence Act 1984. As well as unravelling the complexities of the Act itself, it covers all relevant legal material affecting the Act. Often an arrest takes place as an offence has just happened or is in the middle of happening. HOW LONG CAN SOMEONE BE DETAINED BY THE POLICE. Your choice regarding cookies on this site, Succession & estate planning for business owners, Court of Protection - Healthcare & Social Services, Prosecution asked to review Extinction Rebellion convictions for obstruction of the public highway. Basic law enforcement powers: They might also need time to investigate what has happened. I can honestly say he is the best attorney I have ever had. If the police order you to sit in an interrogation room and you are not permitted to leave, by definition, you have been arrested.Detaining someone against their will for longer than necessary to answer a few questions on the spot (which is a lesser imposition on your freedom called a "Terry stop") is what it means to be arrested. This will usually only happen in the most serious or complex of investigations. They made me feel safe and taken care of while bringing a terrible life event to a close. Found inside – Page 68This does not mean that your case will be dismissed . C. QUESTIONING If you're not in custody ( detained or arrested ) , the cops don't have to tell you ... Very prompt and professional and can not thank him and the staff he has at Minick Law enough for getting me through this troubling ordeal! The hearing officer initially seemed like he was going to decide to revoke my driving privileges, but I could see him slowly begin to change his mind as Mr. Minick presented his argument. How long police can detain you Police can keep you for up to 8 hours unless a court order extends the period. He succeeds by offering a thorough understanding of the law, compassion, and a team that communicates and cares for the client.No need to look for an attorney any longer. Legal issues are always stressful and anxiety producing, but Minick and his team keep things straight forward and transparent so you can breathe easier. Let me start by saying James Minick is a total professional and a top shelf lawyer quite possibly the best in the south east. Contact one of the attorneys at Berry Law today at 402-466-8444 to schedule a confidential consultation. Minick was always available to answer questions and very organized so I was in the know every step of the way. If the officer says you may leave, it’s up to you to leave the scene of the encounter. James has great experience and always figured out ways to help in my case. The Act reforms and extends existing counter-terrorist legislation, putting it largely on a permanent basis. Additional temporary measures for Northern Ireland are provided in the Act, time-limited to five years. Usually, when a person states, "I was not read my rights!" they are referring to their Miranda Rights. And additionally, a police officer in the course of performing his duty can detain a person temporarily in order to ask questions or to investigate a crime. He was an incredible asset during a very stressful time (DUI). This was made clear in the case of . 1 Miranda v. Arizona, 384 U.S. 436, 467-73 (1966) (rights include the following: the right to remain silent, anything they say can be used against them in court, the right to an attorney, if one cannot afford an attorney, an attorney will be appointed). If you have already asked if you are being detained and the answer was yes, you can follow up with this question. This detainment can take anywhere from several minutes to several hours. A person cannot normally be held by the police for more than 24 hours without being charged or released. Thank you!!! Police or Administrative Bail Therefore it is illegal and unconstitutional for a suspect to be detained for more than 48 hours by the police (or government agency) without bail or without charging the individual to court. be told why you are being questioned, detained, or arrested. According to the Fifth Amendment to the U.S. Constitution, "no person shall be compelled to be a witness against himself in any . highly enough of his representation and encourage anyone facing a DUI or otherwise to give Minick Law a call, you won't regret it (even if you regret whatever may be bringing you to his office!). I've been very satisfied with Mr. Minick's legal services and his office staff's professionalism and communication. Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. They offer so much value to clients - the blogs and vlogs are. He truly cares about his clients and is prompt in his communication. A lot of members of the public - and apparently some Police Officers themselves - assume that the Police can detain a person without arresting them, perhaps whilst they consider whether to formally arrest them or not. Found inside – Page 22They must show it you to. The police cannot arrest or detain you without following very strict rules. Police can arrest you if they have a warrant for your ... I was allowing my 15 year old nephew to drive in Waynesville, N.C.. However, if the police officer says no, you are not free to leave, then you cannot leave until the police officer is finished with his questions for you or his investigation into the crime. You can be arrested more than once for the same offence, but your time in custody cannot last longer than 12 hours. Remember that unless you verbally ask to leave, courts will most likely regard the detention as voluntary. I used Minick Law for a traffic violation and it was hands down the best experience I’ve had. Minick was always available to answer questions and very organized so I was in the know every step of the way. DUI/DRUGS, Carrying a concealed weapon, Open container and failure to maintain lane control.I had total confidence in James from the Get Go. The results were just what I was hoping for and feed back was very prompt. 1. Section 115 sets the maximum investigation period at six hours, which begins at the time of arrest and ends at a reasonable time having regard to all of the circumstances. Minick Law has been so supportive and helpful! The police can apply to extend your detention period to a maximum of 4 days; and; If by the end of the 4-day period the police wish to detain you for further investigation, the police can apply to the Magistrate again to extend your detention period up to a maximum period of 3 days. I highly recommend Minick Law to anyone in need of legal consultation. High Court Practice Note [2007] 3 NZLR 297, cl 3; Evidence Act 2006, s 4 (definition of "leading question"). I was very proud to have him represent me and highly recommend him. His representation of me proved that month after month. You can only be legally arrested if the officer has an arrest warrant or probable cause to do so. Very prompt and professional and can not thank him and. At the same time, you generally aren't required to answer a police officer's questions or allow an officer to search your person or your belongings. There is no clear line between an arrest and a detainment. If you have been charged with DWI, hire Mr. Minick--he's the best around. You can ask an agent for their basis for detaining you, and they should tell you. They represented me in court which was great because I live two hours away ! Most attorneys would have their. . and they still managed to get my citation dismissed. I found Minick Law on the internet and chose them based on someone answering the phone instead of voicemail. Being detained by a store or mall security office under suspicion of shoplifting is an experience no one wants to have. Remain silent 5. The shortest interview I have ever been in took three minutes, but most interviewing officers spend longer than that explaining the procedure. They exceeded my expectations in every way--I can't recommend them highly enough! Found inside – Page 26The police will usually provide the reasons for an arrest. You may be handcuffed. c) Do you have the right to remain silent? You may remain silent. 1. The period was increased from four hours in 2014. The average interview is probably between half an hour and an hour long. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. Absolutely recommend their legal services! The average interview is probably between half an hour and an hour long. Regardless of whether you have been arrested, imprisoned, detained, or simply feel as if you cannot walk away from a police officer, you generally do not have to answer any questions that the police are asking you. I highly recommend James Mimic. However, you cannot assume officers will behave in a way that protects your safety or that they will respect . While the police can stop you for some time, they also cannot keep you too long or indefinitely without a proper arrest and then filing charges. They were professional and went above and beyond in their dedication to work for the best possible outcome. Does that mean that you've been arrested, or are you simply being detained? A person can normally be held in police custody for up to 24 hours without being charged. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. not make a statement. He had not received his permit yet, through no fault of his, and I was allowing him some experience. Found inside30. Basil King: Sentence and Sentencing The technology to maintain this privacy management relies on cookie identifiers. The Fourth Amendment protects citizens from unreasonable search and seizure. Remember, you have the right to an . Until an attorney-client relationship is established, please withhold from sending any confidential information to us. Attorney Minck is a great lawyer with an amazing staff. In some serious circumstances (such as homicide cases) they may be able to hold you up to 96 hours. process easy and answered all my questions. After the questioning is over, you'll most likely be released. A series of interviews can take place over a number of days if you are held that long. Thanks James for a great job! If you're in a bad sitch, definitely. If you try to escape or become violent, the police can use 'reasonable force' - such as holding you down so you can't run away or handcuffing you. The Legal Division Handbook relies essentially on the Supreme Court cases that have developed Fourth, Fifth and Sixth Amendment law. Crucial principles of the law are embedded in the Handbook text with frequent cites to the pertinent cases. (United States v. Drayton, 536 U.S. 194 (2002).) I would highly recommend them and would absolutely use them again! The police have powers to search you when you're arrested. James Minick and his staff are extremely professional, personable, and genuinely concerned with helping people navigate the legal system to arrive at the best outcome. Attorney Minck is a great lawyer with an amazing staff. It was obvious that he'd spent a lot of time working on it. Officers must have reasonable suspicion to detain a suspect, but this also usually means they don't have probable cause to arrest you. Our family always uses Minick Law for traffic violations, they are reasonable, attentive and have always taken care of everything to our benfit! Our specialist solicitors deal with everything from medical negligence claims, personal injury claims, driving offences, family law, divorce law and residential conveyancing to professional discipline, employment law, corporate law, regulatory law and commercial property. This reason is why courts look at these situations on a case by case basis. He's experienced, friendly, and damn good. In the courtroom, he has a presence that carries respect, honor and heart. Minick Law has been so supportive and helpful! I am so grateful! This whole process can take a long time. I receive a speeding ticket in Asheville, NC about a month ago. As an example, think about a situation where the police are called to a report of people fighting on a Saturday night. However, once you have been lawfully arrested, police in many States have the power to hold you in custody for an initial period of a few hours (which may be extended by a few more hours . If you or someone you know have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. head to Mr Minick. He always communicated that he had my best interest at heart and made sure that I understood every step of the. Removing or resetting your browser cookies will reset these preferences. In the cases of more serious offences a further 12 hour detention can be granted by a senior police officer and police can apply to a Magistrates Court to hold the suspect for up to 96 hours. Mr Minick was so wonderful to me! They represented me in court which was great because I live two hours away ! Call Stephensons 01616 966 229 or complete our online enquiry form. I have an interlock device installed in my car due to a DWI and made an appointment with Mr. Minick after receiving a DMV notice stating that I was losing my license due to a violation on the device. 48 hours not including the day you were arrested, weekends, or legal holiday. Only in a Terry Stop, where the officer has reasonable suspicion, cops can detain you, ask questions, and even frisk you. I would recommend Minick Law to friends or family any day! Fantastic communication! Police can detain or arrest you without reading your Miranda rights, but any statements you make during that type of interrogation may be inadmissible in court. The actual questioning itself can take a relatively short time. It was a pretty high alcohol violation. This means necessary to either secure or preserve evidence relating to an offence for which the suspect is under arrest (for example taking witness statements before the suspect has had a chance to tell them what to say) or to obtain such evidence by questioning them. I could not have selected a better attorney than James Minick. If you are under 18 police can take: Alcohol; Spray paint, unless you can satisfy them that you have a lawful purpose for having it. Stephensons Solicitors LLP is a full service law firm with solicitors in Manchester, solicitors in London, solicitors in St Helens, solicitors in Warrington and solicitors in Wigan. Yes, with limitations. Found inside – Page 240You can ask for an interpreter to translate any German language documents or ... Should the police need to detain you for questioning, be sure to request ... I’m so happy I chose minick law to help with my traffic ticket. I'm so glad they answered. You'll find that every s. Thank you once again James and if I should need it harder for anything in the future he would definitely be the one. (United States v. Drayton, 536 U.S. 194 (2002).) Any. Click here for a full list of Google Analytics cookies used on this site. Fantastic communication! Generally, a police detainment that does not result in an arrest takes approximately from around fifteen to twenty minutes before the person being detained is allowed to leave. Found insideDo I have to answer questions if I am under arrest? ... Police should caution you, before questioning, that no questions need be answered but that any ... The police will only keep you in police custody when it's necessary - for example if they want to continue questioning you or they think you might . Found insideProactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. Mr. Minick was very kind and professional. To make it as accessible to readers as possible each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision ... Only when all of this is done will the police be ready to interview the suspects. Found inside – Page 6arrest warrant as long as they have enough facts for probYOU'RE UNDER ... Once you're under arrest , the police can search your NOW THAT I'VE SAID THE MAGIC ... The George Floyd Awakening: Essential Articles & Videos, VIDEO: How rights-flexing can fix bad laws, Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. But when and how long the police can keep you is complicated and confusing because it depends on the situation. He took all the stress away I had about my case and court by being very to the point and easy to get ahold of.

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